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Home Legal Updates

Pros and Cons of Contingency Fees You Should Know About

Lucas Leo by Lucas Leo
September 23, 2025
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Pros and Cons of Contingency Fees You Should Know About
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When people hear the term “contingency fee,” they often feel relieved. It means you don’t have to pay your lawyer upfront; your attorney only gets paid if you win your case. Sounds like a win-win, right? But, as with most things, there are both advantages and disadvantages you should understand before signing on the dotted line.

St. George, Utah, is a scenic city known for its red rock landscapes, mild climate, and vibrant community. Nestled near Zion National Park, it attracts both tourists and residents with its outdoor activities, cultural events, and growing neighborhoods.

If you live in Southern Utah and have been in an accident, hiring a skilled St. George personal injury lawyer will be the best option. Working on a contingency fee basis, they handle your case without upfront costs, helping you focus on recovery while pursuing fair compensation.

Table of Contents

  • What Is a Contingency Fee?
  • The Pros of Contingency Fees
  • The Cons of Contingency Fees
  • When Contingency Fees Make Sense
  • Quick Tips Before You Sign

What Is a Contingency Fee?

A contingency fee is a payment agreement between you and your lawyer. Instead of billing you by the hour, the lawyer only gets paid if you win your case or reach a settlement. The fee is usually a percentage of the recovery, often between 30% and 40%, depending on the type of case.

This setup can make legal services more accessible for people who can’t afford large upfront costs. But it also comes with trade-offs that you should weigh carefully.

The Pros of Contingency Fees

  • No Upfront Cost – You do not have to dig into your pockets before your case commences. This allows individuals who may not have been able to afford to enter the legal system to do so.
  • Lawyers Also Take the Risk – If your lawyer does not succeed, they do not get paid; therefore, they are working for the outcome. As a result, they will likely work hard and expend all their energy on your case since their pay depends on your success.
  • Motivation for Larger Settlements – A lawyer working on a contingency has the ultimate motivation for the highest recovery. A higher settlement will help you and them.
  • Ability to hire skilled lawyers – Larger and more complex cases, such as medical malpractice or wrongful death, have lots of expenses. However, if you agree to a contingency fee, you can hire a lawyer who otherwise might charge hundreds of dollars an hour.

The Cons of Contingency Fees

  • High Percentage Cut – That 30–40% fee can take a big chunk out of your award. For example, if you win $100,000 and your lawyer takes 35%, you walk away with $65,000 before other costs.
  • Case Selection Bias – Lawyers may only accept cases they believe will result in large settlements. If your case is smaller or less certain, you might struggle to find representation.
  • Expenses Still Add Up – Court filing fees, expert witness costs, and administrative expenses are often deducted from your award. These can reduce your final payout even further.
  • Less Control Over Strategy – Since your lawyer has a financial stake, they may push for a settlement instead of a trial to ensure they get paid sooner. You may feel pressure to accept an outcome you’re not fully happy with.

When Contingency Fees Make Sense

Contingency fees are best suited for personal injury, wrongful death, and employment discrimination claims. These claims may include large damages, which means the risk to the lawyer is justified. It is probably not a great fit for small disputes, such as landlord-tenant disputes, which will not justify paying a percentage for the payout.

If you have doubts, ask the lawyer to describe in detail how the fee system works. Ask for examples of prior clients and what they actually received after costs were deducted.

Quick Tips Before You Sign

  • Ask what percentage the lawyer will take and if that percentage changes if the case goes to court.
  • Ask who pays for expert witnesses, court costs, and other expenses if you lose.
  • Keep the agreement in writing, and read it carefully.
  • Compare a few lawyers before you decide – percentages vary.

Key Takeaways

  • You pay nothing up front, but lawyers may take 30-40% of your award.
  • A contingency fee provides access to skilled legal help without hourly bills.
  • Your lawyer is sharing risk but may only take strong, high-value cases.
  • Your expenses and lawyers’ fees reduce your payout and can have a significant impact.
  • Always ask lots of detailed questions before signing a fee agreement.
Lucas Leo

Lucas Leo

Hi, I’m Lucas Leo, an author and writer at AccordingLaw.com. I’m passionate about delivering the latest legal news and updates according law to keep you informed. Join me as I explore and share insights into the ever-evolving world of law!

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